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Request disclosure, review his notes; if it says that he saw you "holding your phone" then it's just a matter of whether the officer is present at trial.

There are no lessor or reduced charges available for S78 or S78.1 offences.

Pragmatically, it's in the OP's best interest to prepare for himself for a likely 30-day suspension; whether that ...

Was the hand-held device securely mounted to your vehicle? Or was it loosely set in your cup-holder?

Tesla Model S' screen is 17" and you can literally browse the web as well. The "exemption for pressing buttons" is why officers will not lay charges as long as the hand-held device is securely mounted.

@bend is correct; based on your diagram and what you described, the ON Fault Determination Rules places you 100% at-fault for the collision.

It's up to you whether you want to deal directly with the other driver or go through an insurance claim. Speaking to the police will result in charges laid against you; and they have a number of charges to ...

hand-held has become a difficult charge to fight; the prosecution only needs to show evidence that you had the device in your hand; they don't need to prove that it was working (ie. no battery) or that it was in use (ie. making a call, texting)

R. v. Pizzurro, 2013 ONCA 584 (CanLII)
R. v. Kazemi, 2013 ONCA 585 (CanLII) [14] Road safety is best ...

If the ticket does not state section number 128, then you must follow the London v. Young "forced fatal error" method. There are many many threads here that discuss this method, please use the search bar.

List of fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html

It appears you have already chosen the trial option. In order to ...

HTA and CAIA convictions will affect your insurance premiums; prosecutor and officer can/will lie through their teeth about the insurance effects of convictions.

Take a look at the IBC brochure: http://assets.ibc.ca/Documents/Brochures/Ontario-Auto-Insurance-FAQ-ON.pdf

For multi-charges like the one you're facing; I would recommend accepting ...

R. v. Paraschiew [2012] O.J. No. 4085

In a weird twist of fate, this appeal court decision shows that being charged with Stunt Driving would have been more advantageous to the defence than being charged with S128 Speeding. Solely because with Stunt Driving you're afforded a due diligence whereas S128 Speeding requires a necessity defence ...

I'm not sure why the York Region letter says 3 months. The accepted guidelines is that the crown has 6-8 weeks to process disclosure requests in the province of ON.

Lets say that your notice of trial was received <6 weeks from your trial date; there is nothing stopping you from requesting disclosure. If the crown argues they don't have enough time ...

@hwybear, oops i completely misread those numbers; i thought it was in reference to stopping distance, but rather it's the "reaction" distance.

With an average car length of ~5m. If you were to leave 83m of distance to the vehicle in front at freeway speeds; expect to be tailgated (irony) and giving an open invitation to allow multiple vehicles to slot into your 83m braking distance buffer.

I do agree paying lip-service to the vehicle in front, will not do anyone any favours. However ...

The dealer plate cover is not legal, it's also in contravention of the HTA.

http://www.cbc.ca/news/canada/toronto/o ... -1.3064957
http://www.newstalk1010.com/news/2015/0 ... 10-queries

Demerit Point System - ON REG 339/94: https://www.ontario.ca/laws/regulation/940339

Charges under S154 carry 3 demerit points, they stays on your record for two years from the charge date.

It may be in your best interest to fight this charge, because it's one of the more difficult charges to get a conviction under the HTA; the crown needs to be ...

Request disclosure (officer's notes) for both tickets. Depending on what's written in the notes, you may need to get serious representation and decide whether you want to entertain the officer's version of events.

Both charges afford you a "due dilligence" defence where you can argue the lights were working as you started your drive and got burnt ...

http://www.wheels.ca/news/advance-green ... rn-on-red/

@OP the wheels article describes the situation that respects "subject to subsection (14)".

Fault Determination Rules
ON Regulation 668

https://www.ontario.ca/laws/regulation/900668[quote]Rules for Automobiles Travelling in the Same Direction in Adjacent Lane

(4) If the incident occurs when automobile "B" is changing lanes, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the ...

York (Regional Municipality) v. Chair [2015] O.J. No. 6489 The following judgment was delivered by

1 THE COURT:-- The parties acknowledge that the law as stated in R. v. Bigioni, [1988] O.J. No. 2220 stands. We agree. Nothing in the subsequent case law should be taken as diminishing that authority.
2 In this case, there was evidence that the ...

I agree with jsherk, if the lidar manual says to test before and after then that should be presented to the JP. If the JP does not accept that, on appeal that would be a win.

The problem is that lidar manuals in north america do not say to test before and after. They only indicate a "before" test.

I helped a friend with a +49 where the officer did not do a lidar test after his shift. OPP 407 detachment do not do lidar tests after, and the newmarket prosecutor had no problems with this. We ultimately took a plea-deal for S182(2) disobey sign in order to avoid trial.

The prosecution argues that there is a difference between lidar and radar ...

OP = original post or poster

Yes, OP will only be convicted of one charge; crown will be seeking a guilty conviction on S172 and not S128. Does stunt driving require the same proof as speeding? Meaning does crown have to prove the speed using say radar or pacing? Or is it more based on the opinion testimony of officer that they were just driving ...

For charges like this, the crown will not offer a plea-deal with the OP; they will proceed straight to trial and request for maximum fines, suspension and sentences. Crown will make an example out of you; OP needs some form of representation to avoid a trial or minimize the damage at sentencing.

+77kph under S172 Stunt Driving
$2,000 to $10,000 ...

Unless you were speeding in a 80 zone, you would basically be providing the courts evidence that you were actually speeding +40 in a 40kph construction zone.

Out of court fine for 80 in a 60 zone (3 demerit points)
Set Fine: $3.75 x 20kph = $75
Victim Surcharge: $15
Court Fee: $5
Total Fine: $95

Guilty conviction at trial for 80 in a 40 ...

More importantly, how he was parked does not affect the outcome of any stop-sign charges he laid that day.

I recently had a similar discussion, where someone advised me the officer was parked in front of a fire hydrant while doing speed enforcement. Cool story bro?

I've yet to hear of anyone getting charged for speeding based on the RLC reading. That would essentially make it a photo-radar, which would set off a firestorm.

Unfortunately, I don't really see how you'll be getting out of this. You were speeding +21kph over the posted limit, and failed to stop for the amber and red light.

Arguing, that stopping ...

You've hit the nail on the head here. Even if this was an HTA offence, you still have to show how the delay has "prejudiced" you.

There is no way around answering that all important question during the pre-trial motion.

Read: R. v. Cassimatis [2010] http://ticketcombat.com/parking/R_v_Cassimatis.pdf

Some more info here: http://ticketcombat.com ...

Sample disclosure request form: http://www.ontariohighwaytrafficact.com/topic2959.html

All you can ask for are the officer's notes and a copy of the manual for his radar gun.

On a related note, when I took my m2 exit safety course, the MTO certified instructors advised me to use my highbeams during the daytime. Also when I purchased my bike at the dealer, they also advised me the same.

Was this during the Pan Am Games? Where did you get stopped?

I don't know of any King Hwy that has a 3 person minimum.

This is unfortunately the wrong way of going about fighting this ticket. The courts will absolutely shut you down the moment you ramble on about quotas.

You can not get information on charges given to other drivers because that violates their privacy. The outcome of their charges has no relevance to your case.

Stop Sign charges are difficult to ...

http://assets.ibc.ca/Documents/Brochures/Ontario-Auto-Insurance-FAQ-ON.pdf

Insurance companies have three categories: minor, major and serious. Dirty plate would be under the minor category and can still increase your rates. Speeding +49km/hr and driving with dirty plate could still be under the "minor category". They don't set different premiums ...